Shaw v. Jones

PARKER, Judge.

When considering a motion for summary judgment, the question before the court is whether the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that a party is entitled to judgment as a matter of law. The burden upon the moving party may be carried by proving that an essential element of the opposing party’s claim is nonexistent. Gray v. Hager, 69 N.C. App. 331, 317 S.E. 2d 59 (1984).

In addition to Nurse Daniels’ affidavit, plaintiffs own evidence…